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Kalina Vs. Fletcher
Cites for this judgment
- US Supreme Court
- Oct 07, 1997
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U.S. 118 (1997) October Term, 1997 Syllabus Kalina V. FletcherSearch
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since such conduct is not protected by the doctrine of absolute prosecutorial immunity. Pp. 123-131. (a) Imbler v. PachtmanSearch
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is fully protected by absolute immunity when performing the traditional functions of an advocate, see, e. g., Buckley v. FitzsimmonsSearch
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in presenting a judge with a complaint and supporting affidavit to establish probable cause for an arrest, see Malley v. BriggsSearch
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may not be satisfied by the mere filing of an unsworn information signed by the prosecutor, see, e. g., Gerstein v. PughSearch
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J. Wallace Malley, Jr., of Vermont, Julio A. Brady of the Virgin Islands, Christine Q Gregoire of Washington, Darrell V. McGrawSearch
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seizures. In determining immunity, we accept the allegations of respondent's complaint as true. See Buckley v. FitzsimmonsSearch
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Court of Appeals for the Ninth Circuit affirmed. The Ninth Circuit first noted that under our decision in Malley v. BriggsSearch
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F.3d 653 , 655656 (1996). Relying on the functional approach endorsed in Buckley v. FitzsimmonsSearch
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The Court of Appeals acknowledged that the Sixth Circuit had reached a different result in Joseph v. PattersonSearch
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to be construed in the light of common-law principles that were well settled at the time of its enactment. See Tenney v. BrandhoveSearch
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when identifying both the elements of the cause of action and the defenses available to state actors. In Imbler v. PachtmanSearch
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who had litigated the charges against him. Relying in part on common-law precedent, and per- 9 See Briscoe v. LaHueSearch
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in malicious prosecution actions against private persons who brought prosecutions at early common law. See Savile v. RobertsSearch
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Hill v. MilesSearch
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White v. FrankSearch
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Yates v. LansingSearch
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the judicial process of protecting the prosecutor when serving as an advocate in judicial proceedings. Thus, in Burns v. ReedSearch
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appropriate nor justifiable that, for the same act, immunity should protect the one and not the other.' Hampton v. ChicagoSearch
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immunity when engaged in the performance of national defense functions rather than prosecutorial functions. Mitchell v. ForsythSearch
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See also Bradley v. FisherSearch
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as giving the officer the same absolute immunity enjoyed by the prosecutor. Cf. Imbler v. PachtmanSearch
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jury, but not by the mere filing of criminal charges in an unsworn information signed by the prosecutor. Gerstein v. PughSearch
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see also Coolidge v. NewSearch
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in the criminal process as the police officers in Malley v. BriggsSearch
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Burns v. ReedSearch
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The Court's long road to what is, superficially at least, the opposite result in today's opinion, began with Imbler v. PachtmanSearch
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of initiating a criminal prosecution. Then, in Briscoe v. LaHueSearch
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of serving as a witness. And in Malley v. BriggsSearch
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Syllabus Kalina V. FletcherSearch
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See Buckley v. FitzsimmonsSearch
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Joseph v. PattersonSearch
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See Tenney v. BrandhoveSearch
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In Imbler v. PachtmanSearch
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See Briscoe v. LaHueSearch
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See Savile v. RobertsSearch
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Hampton v. ChicagoSearch
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Mitchell v. ForsythSearch
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Cf. Imbler v. PachtmanSearch
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Coolidge v. NewSearch
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